Common Law Marriage Is a Myth — And It Could Cost Your Partner Everything
Millions of couples in the UK believe they have legal rights they simply don't have. Here's the truth — and what to do about it.
The myth
Ask most people what a "common law spouse" is, and they'll tell you: a partner you've lived with for long enough that the law treats you like a married couple.
It sounds reasonable. It feels fair. And it is completely, dangerously wrong.
There is no such thing as common law marriage in England or Scotland. It has never existed in English law. It was abolished in Scotland in 2006. No matter how long you have lived together, how many children you have raised together, or how intertwined your finances are — if you are not married or in a civil partnership, you do not have the legal rights of a spouse.
Not one of them.
How widespread is the myth?
Worryingly widespread. Research by the charity Resolution found that nearly half of cohabiting couples believe they have legal rights as common law spouses. According to the Office for National Statistics, cohabiting couples are the fastest-growing family type in the UK — and a significant proportion of them are making major life decisions on the basis of a legal status that does not exist.
This isn't a niche misunderstanding. It affects millions of families.
What actually happens when an unmarried partner dies?
If you die without a will, your estate is distributed according to the intestacy rules — and as we explain in detail in What Happens If You Die Without a Will in England?, those rules follow a strict hierarchy of relatives. Your unmarried partner does not appear on that list. At all.
It doesn't matter if you've been together for thirty years. It doesn't matter if your partner gave up their career to raise your children, or if you've both paid into a mortgage together, or if everyone who knows you thinks of you as a couple in every meaningful sense. Under the law, your partner is a stranger to your estate.
Your assets could pass to a parent you've barely spoken to in a decade, or a sibling you've grown apart from, while your partner — the person you've built your life with — receives nothing.
What about Scotland?
Scotland does offer one option that England does not.
Under the Family Law (Scotland) Act 2006, an unmarried cohabitant can apply to the court for a share of their deceased partner's estate. But this is not automatic. It requires a formal court application, can be contested by other potential beneficiaries, must be made within six months of the date of death — at a time when your partner is grieving, potentially in financial difficulty, and dealing with everything else that follows a bereavement.
And it is not guaranteed. The court has discretion. Your partner could go through the stress and expense of the process and still receive far less than you would have wanted.
This is not a safety net. It is a last resort.
What about your home?
This is where things get particularly complicated for unmarried couples.
If you own your home jointly, what happens depends on how you own it.
Joint tenants (England) or joint owners with a survivorship destination (Scotland): the property passes automatically to the surviving partner, regardless of the intestacy rules. Many couples assume this is how they own their home, but not all do.
Tenants in common (England) or common owners (Scotland): your share of the property forms part of your estate and is distributed under the intestacy rules. Your partner could find themselves co-owning their own home with your relatives — or, in a worst case, facing pressure to sell.
If you're not certain how you own your property, check your title documents or the Land Registry. It matters more than most people realise.
What about children?
If you have children together, they will inherit under the intestacy rules — but your partner may not receive enough from the estate to support them and maintain the family home in the meantime.
And if the children are from a previous relationship, the position can become even more complicated. The law will try to be fair in a general sense, but it cannot know your family, your wishes, or what fair actually means to you.
The emotional cost
Beyond the financial consequences, there is the human cost.
Families where a partner has been left with nothing — or less than expected — while grieving are often torn apart by the fallout. Relatives who inherit money or a share of a property may not be malicious; they may simply be entitled under the law. But the damage to relationships, and to the surviving partner's sense of loss and injustice, can be profound.
These disputes are entirely avoidable.
The solution is simple
A will.
That's it. A properly drafted will lets you leave your estate to whoever you choose — your partner, your children, a combination of both, with whatever conditions or trusts you think are appropriate. It costs far less than most people expect, takes less time than most people imagine, and removes any ambiguity about what you wanted.
If you're in a long-term relationship but not married, making a will is one of the most straightforward and important things you can do for the person you love.
At Your Wills Team, we offer a free 30-minute call to talk through your situation and tell you exactly what you need — simply and clearly, with no obligation.
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